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HomeMy WebLinkAboutNotice PLANNER 3/3/2011 . . ... RECEIVED AFFIDAVIT OF SERVICE MAR 3 2011 STATE OF OREGON) )ss. County of Lane ) - By:1)6?MJ rfb /}('jAl.IM- I I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Technician, I prepared and caused to be . mailed copies of TYP 11/- OOO{) L 7"gLb/l~ !:>>~ - .Aih. n<ui ~ ~ (See attachment nAn) on 3 - 3 ' . 011 addressed to (see ~~ Attachment Bn), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. ~~ /l,L~ STATE OF OREGON, County of Lane -r\tu,vCV'LA-, . 2011. Personally appeared the above named Karen LaFleur, Program Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: .F BRENDA .IONII , NOTARY PU8UC . 0ll!G0N COMMISSION NO. 4291'" COMMISSION EXPIRES MAY My Commission Expires: :1tt41) 'no )o,~ . . '. NOTICE OF DECISION - MINOR SITE Pl:;AN MODIFICATION Project Name: Lane Forest Products expansion Project Proposal: Expansion of a recycling facility to include stockpiling and crushing of concrete and bricks. Case Number: TYPl1\;00002 ." Project address: 4151 Industrial Avenue Map and Tax Lots: Lot Acres Owner Tax Parcel 2 4.2 ACR PROPERTIES LLC 1702311100100 7 1.3 OAKW A Y GOLF INC 1702304400300 8 1.3 OAKW A Y GOLF INC 1702304400400 10 11.4 OAKW A Y GOLF INC 1702304400600 14 3.6 PAISLEY LLC 1702322201600 Base Zone: HI (Heavy Industrial) Refinement PlanfDesignation: Mid-Springfield/Industrial Application Submitted Date: January 21, 2011 Decision Issued Date: March 3, 2011 Appeal Date: March 18, 2011 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSmON REVIEW OF NAME PHONE Proiect Mana2Cer Planning Steve Hopkins 726-3649 Transoortation Plannin2C EIT Transportation Michael Liebler 736-1034 Public Works Civil Engineer Utilities, Sanitary & Kyle Greene 726-5750 Storm Sewer DeoUtY Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 Engineering Technician IV Public Works Todd Singleton 726-5931 Ownersf Applicants: Representative: Paisley LLC; John Hammer ACR Properties, LLC; PO Box 2266 Oakway Golf LLC; Eugene OR 97401 Summary of proposal: This application will modify the site plan for Lane Forest Products (DRC2004-00008) to include stockpiling and crushing of concrete and bricks on Lots 2 and 10. This is an expansion of a recycling facility, which is an allowed use in the HI (Heavy Industrial) zone. Material will be received at Lane Forest Products and sorted. The cement and brick will be transferred by front loader to Lot 2, not via the street. It will be stockpiled on Lot 2 until it is Lane Forest Products Case No. TYPI 1 1-00002 Page I 0(7 . . crushed. There is no specific schedule for the crushing. It will occur as needed, perhaps twice a year. It is the applicant's intent to develop Lot 2 with a permanent \!Be that includes a building, parking lot, landscaping, etc., in the future. A specific use has not been identified. Until then, Lot 2 will be used for stockpiling and crushing. Lot 10 will be used for stockpiling and crushing after Lot 2 is no longer available. The crushed material will be placed as structural fill on Lots 7 and 8 prior to development of those lots, once a specific use or development plan has been identified. No stockpiling or crushing will occur on Lots 7 or 8. A Land Drainage and Alteration Permit (LDAP) will be required prior to placement of any structural fill. Prior to using Lot 10, an LDAF will be required to address how the site will be prepped for stockpiling and crushing. The issues to address at that time include, but are not limited to: erosion control, access to the Lot, if a construction entrance and/ or wheel wash is needed, where the stockpiIe(s) will be located and internal circulation. A 1200-Z permit from DEQ may be required. This an industrial stormwater permit that is not related to construction activities or the LDAP program. Site: TYP11-00002 Lane Forest Products/Hammer Lane Forest Products . Case No. TYP 11/.(J0002 Page 2 af7 . . Review Process: This application is reviewed under the Type I procedure listed in SDC 5.1-130 and the Site Plan Modification Criteria in SDC 5.17-145. Procedural Findings: City staff's review comments have been reduced to findings as necessary for compliance with the Approval Criteria contained in SDC 5.17-125. CRITERIA FOR SITE PLAN MODIFICATION 5.17-145 Modifications B. The Site Plan Modification process shall only apply to Site Plan applications approved after June 5, 1986. C. The Director shall determine whether the Site Plan Modification will be processed under the Type I or Type II review process as follows: 1. A Minor Site Plan Modification application is evaluated under the Type I review process. The application is reviewed based upon a particular standard as specified in this Code that does not involve a Type II or Type III Variance, e.g., a modification in the location or type of required landscaping or an insignificant change in the number and/or layout of parking spaces. D. The criteria of approval for a Site Plan Modification application shall be in compliance with the applicable standard and/or criteria of approval specified in Section 5.17-125. E. The Director may require approval conditions as specified in Section 5.17-130. F. A Final Site Plan and Development Agreement is required as specified in Sections 5.17-135 and 5.17-140. Finding: This application will modify the site plan for Lane Forest Products (DRC2004- 00008). This approval will allow stockpiling and crushing of concrete and brick on Lots 2 and 10. I Finding: The proposed modification is processed as a Type I Minor Site Plan . Modification. Conclusion: The proposed changes constitute a minor modification to the approved site plan and shall comply with SDCS.17-125. SDC 5.17-125 SITE PLAN REVIEW CRITERIA OF APPROVAL Only the criteria applicable to the modification are listed. A. the zoning is consistent with the Metro Plan diagram, and/or the applicable Refinement plan diagram, Plan District map, aitd Conceptual Development Plan: Finding: The site is zoned HI (Heavy Industrial). This is an expansion of a recycling facility, which is an allowed use in the HI zone. Conclusion: The proposal complies with SDC 5.17-125(A). Lane Forest Products Case No. TYPI 1 1-00001 Page] 0(7 . . C. The proposed development shall comply with all applicable public and private design and construction standards contained in this Code and other applicable regulations. Finding: Erosion prevention, sediment control, andrunoff control BMPs shall be implemented to protect stormwater facilities regardless of whether or not an LDAP is required on all development sites. This includes, but is not limited to, standard construction entrances at all ingress/ egress points, sediment control BMPs adjacent to any stormwater channels or ponds, and, if necessary, wheel wash facilities. BMPs are minimum requirements and will be monitored for effectiveness. Additional BMPs may be required if the desired stormwater protection outcomes are not achieved. Chapter 8, Appendix A of the Engineering Design Standards and Practices Manual contains the BMPs. Condition 1: Chapter 8 of the Engineering Design Standards and Practices Manual (EDSPM) shall be applicable to the stockpiling and crushing that occur on Lots 2 and 10 and shall be implemented through an LDAP. Finding: No stockpiling or crushing will occur on Lots 7 or 8. Once a specific use or development plan has been identified for those Lots, structural fill will be placed in anticipation of that development. A Land Drainage and Alteration Permit (LDAP) will be required prior to placement of any structural fill. If such grading is to occur without an approved preliminary or tentative development plan, a Pre-Approval LDAP will be required. Finding: As part of its efforts to protect and improve Oregon's water quality, DEQ issues stormwater discharge permits to industries that discharge stormwater into rivers, lakes and streams. from pipes, outfalls or other point sources at a site. Based on federal regulations, National Pollutant Discharge Elimination System (NPDES) permit coverage is required for industrial facilities that discharge stormwater from their industrial areas to surface waters of the state, or to storm drains that discharge to surface waters. A 1200-Z permit may be required for this use. Contact either Mindi English (541)686-7763 or Kathy Jacobson (541)687-7326. They manage the 1200-Z permits for the DEQ. A copy of the approved permit must be submitted to the City of Springfield within 6 months of .. . this site plan modification. An extension may be allowed if a complete application was . accepted by DEQ but the 1200-Z permit has not been issued by that date. Condition 2: By September 1, 2011, submit a copy of the approved DEQ permit, or written verification that a permit is not required, to the City of Springfield. An extension may be allowed if a complete application was accepted by DEQ, but the 1200-Z permit has not been issued by that deadline. Conclusion: As conditioned, the proposal complies with SDC 5.17-125(Q. D. Parking areas and ingress-egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimize driveways on arterial and collector streets as specified in this Code or other applicable regulations and comply with the ODOT access management standards for State highways. Lane Forest Products Case No. TYPI / 1-00002 Page 4 0(7 . . '. Finding: Lot 2 contains a construction entrance that was approved by LDAP #2008-0102. Prior to final approval, it shall be inspected to verify it still meets the standards of the Engmeering Design Standards and Practices Manual. Contact Todd Singleton (541-726- 5931) for that mspection. Condition 3: Prior to signing the Development Agreement, the construction entrance shall comply with the EDSPM. Conclusion: As conditioned, the proposal complies with SDC 5.17-125(D). E. Physical features, including, but not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptibility of flooding; significant clusters of trees and shrubs; watercourses shown on the WQLW Map and their associated riparian areas; wetlands; rock outcroppings; open spaces; and areas of historic and/or archaeological significance, as may be specified in Section 3.3-900 or ORS 97.740-760, 358.905-955 and 390.235-240, shall be protected as specified in this Code or in State or Federal law. Finding: Lots 2 and 10 are within the 5-10 year Time of Travel zone of the SP Wellhead. . , After consultation with Amy Chinitz with the Springfield Utility Board, a Drinking . Water Protection permit is not required. A spill kit is required for the crusher and shall be available whenever the crusher is onsite. The site may be inspected at any time to verify all conditions of this exemption are being followed. Condition 4: A spill kit is required for the crusher and shall be available whenever the crusher is onsite. Finding: Prior to using Lot 10, an LDAP will be required to address how the site will be prepped for stockpiling and crushing. The issues to address at that time include, but are not limited to: erosion control, access to the Lot, if a construction entrance and/ or wheel wash is needed, where the stockpile(s) will be located, and internal circulation. The LDAP shall also address how the material will be unloaded, sorted and moved to Lot 10 without using construction equipment to cross Industrial Way. Construction equipment refers to front loaders and similar equipment that is not licensed for highway use. Condition 5: All details for staging, stockpiling and crushing on Lot 10 shall be shown on detailed LDAP plans prior to the use of Lot 10. Finding: There is a 10' private railroad spur easement near the southern property line. To prevent any stockpiled material from encroaching into that easement, install a physical barrier no closer than 10' from the property line.. It may be a wood fence, construction fencing or similar barrier. \ Condition 6: Prior to signing the Development Agreement, install a physical barrier that is no closer than.10' from the southern property line. Conclusion: As conditioned, the proposal complies with SDC 5.17-125(E). DETERMINATION: Based on the evidence in the record, the Director determines the proposal complies with SDC 5.17-125(A)-(E), subject to the conditions of approval. Lane Forest Products Case No. TYP 111-00002 Page 5 0{7 . . : What Needs To Be Done? SDC 5.17-135 states: "Within 90 days of an affirmative decision by the Approval Authority, a complete Final Site Plan shall be submitted to the Development Services Department. The Final Site Plan submittal shall incorporate all approval conditions listed in the staff report. The Final Site Plan shall become null and void if construction has'not begun within two years of the signing of the Development Agreement required in Section 5.17-140." A Final Site Plan application is charged upon submittal of the complete application and all required documents and after all conditions of approval are met, including the construction of public and private improvements and extension of utilities required through this decision. The Final Site Plan shall comply with the requirements of the SDC and the conditions imposed by the Director in this decision. The Final Site Plan otherwise shall be in substantial conformity with the tentative plan reviewed. Portions of the proposal approved as submitted during tentative review cannot be substantively changed during final site plan approval. Approved Final Site Plans (including Landscape Plans) shall not be substantively changed during Building Permit Review without an approved Site Plan Decision Modification. DEVELOPMENT AGREEMENT: In accordance with SDC 15.17-140, a Development Agreement is required to ensure that the terms and conditions of site plan review are binding upon both the applicant and the City. This abrreement will be prepared by Staff upon approval of the Final Site Plan and must be signed by the property owner prior to the issuance of a building permit or LDAP. Summary of Conditions of Approval Unless otherwise noted, all conditions shall be met prior to approval of the final site plan. Condition 1: Chapter 8 of the Engineering Design Standards and Practices Manual (EDSPM) shall be applicable to the stockpiling and crushing that occur on Lots 2 and 10 and shall be implemented through an LDAP. Condition 2: By September 1, 2011, submit a copy of the approved DEQ permit, or written verification that a permit is not required, to the City of Springfield. An extension may be allowed if a complete application was accepted by DEQ but the 1200-Z permit has not been issued by that deadline. Condition 3: Prior to signing the Development Agreement, the construction entrance shall comply with the EDSPM. Condition 4: A spill kit is required for the crusher and shall be available whenever the crusher is onsite. Condition 5: All details for staging, stockpiling and crushing on Lot 10 shall be shown on detailed, LDAP plans prior to the use of Lot 10. Condition 6: Prior to signing the Development Agreement, install a physical barrier that is no closer than 10' from the southern property line. Lane Forest Products Case Na. TYP 111-00002 Page 6 a(7 . . " Additional Information: The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available for a fee .at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Questions: Please call Steve Hopkins in the Planning Division of the Development Services Department at (541) 726-3649 if you have any questions regarding this process. Prepared by: si;::; Steve Hopkins, AICP Planner II Development Services - Urban Planning Division Lane Forest Products Case No. TYPIII-00002 Page 7 a(7 . . , S"R'"G".CO~ &iO"J;If"j;l:IIN~;J/~II'Jlf'}:'::(t['J~ - DEVELOPMENT SERVICES - PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Paisl"v LLC ACR Properties LLC Oakway Golf LLC 36hl:1\.1Hammer PO::3Box:,:2266 Eugene. OR 97401 ~--""'-"'-f%"" . _ '. ,_' '_" It ...... "'.-. .,'" -, . '. " -.- .:,". - ,,":;.' .":>' . -' ." ... .' . . ' . . :>:. '," ,I' . , ;',:..' .;,- . '.'~ .;". ",.' .... ".- ......,.